HILAL UDIN S/O LT MOIYUB ALI Vs. DEPUTY COMMISSIONER AND 2 ORS
LAWS(GAU)-2018-6-36
HIGH COURT OF GAUHATI
Decided on June 06,2018

Hilal Udin S/O Lt Moiyub Ali Appellant
VERSUS
Deputy Commissioner And 2 Ors Respondents

JUDGEMENT

Arup Kumar Goswami, J. - (1.) Heard Ms. R. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. D. P. Chaliha, learned Senior counsel, appearing for respondent No. 3 as well as Mr. S. R. Baruah, learned State counsel, appearing for respondent Nos. 1 and 2. The petitioner had approached this court earlier in WP(C) 3839/2015 alleging nonpayment of wages by the present respondent No. 3. The said writ petition was disposed of on 21.12.2015. The operative portion of the said order dated 21.12.2015 reads as follows: "6. Since the petitioner has lodged claim alleging non-payment of wages by respondent No. 3 and since the State has already declared Additional Deputy Commissioner, Karimganj, as the competent authority under Section 15 of the Payment of Wages Act, 1936, Court is of the view that the competent authority should examine the claim of the petitioner in accordance with law. Accordingly, without expressing any opinion on merit, Additional Deputy Commissioner, Karimganj, is directed to consider the claim of the petitioner as noticed above, within a period of 3 (three) months from the date of receipt of a certified copy of this order, in accordance with law."
(2.) It appears that by a letter dated 07.08.2016, respondent No. 3, pursuant to a notice issued by the Additional Deputy Commissioner, Karimganj, had prayed for time till first week of September, 2016, for appearance with all documents. In the said letter dated 07.08.2016, which is termed as "Hazira", there is a reference of WP(C) 3839/2015. The prayer was allowed fixing 06.08.2016.
(3.) It is not very clear as to what had happened on 06.08.2016, but on 28.09.2016, an order was passed by the , Karimganj, which is impugned in this writ petition. The relevant portion of the order dated 28.09.2016 reads as follows: "ORDER Date: 28.9.2016 The Case record put up today. 1st Party filed hazira. Heard the 1st Party petitioner. 2nd pary absent and without any step. Having heard the petitioner 1st party and having perused the Case Record, I am satisfied to have the case dropped with a direction to the petitioner 1st party to take necessary action in accordance with the order passed on 08.4.2016 by this court. Inform all concern. Sd/- Additional Deputy Commissioner Karimganj";


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